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HomeMy WebLinkAboutAgr 2012-07-26 (Michael Paul Company, Inc.)TIBURON, CALIFORNIA OWNER CONTRACTOR AGREEMENT FOR THE LYFORD DRIVE MULTI-MODAL PARKING LOT PROJECT THIS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this Z(- rlH day of L , 2012, by and between the TOWN OF TIBURON, municipal corporation, 1505 Tiburon Boulevar , Tiburon, CA 94920, ("Owner") and 6, Q AUL Cpk QAtl . ("Contractor"), whose principal place of business is oo eA A 2ArA ' go. ALQN A In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I CONSTRUCTION Subject to and in accordance with the terms of this Agreement, the Contractor shall do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete, in accordance with the Contract Documents (as hereinafter defined) in a good, workmanlike and substantial manner and to the satisfaction of the Owner, the Lyford Drive Multi-Modal Parking Lot Project located in Tiburon, California more particularly depicted on Exhibit A ("the Site"). The Project is that described and reasonably inferable from the drawings and specifications and documents enumerated in Exhibit B, such construction and furnishing of labor, services, materials and equipment and the performance of Contractor's other services and obligations required by the Contract Documents are hereinafter referred to as the "Work." The term "Contract Documents" shall mean this Agreement, and all of the items enumerated in Exhibit B. ARTICLE Il PAYMENT See Section 5-1.7 of the Special Provisions of Contract Documents. Total compensation for the Work shall not exceed $ X81. oo , wa without prior written authorization from the Owner, and will consist of the Base Bid 01 plus Wr/_A ARTICLE III TIME FOR PERFORMANCE Section 3.1 Time of Completion: See Section 8-1.06 of the Standard Specifications and Section 4 of the Contract Documents Section 3.2 Liquidated Damages: Contractor will pay liquated damages as set forth Section 8-1.07 of the Standard Specifications and Section 4 of the Special Provisions. The Parties acknowledge that time is of the essence in this Agreement and wish to avoid the cost, difficulty and delay of proving the damages caused by delay. Accordingly, the Parties agree that the Contractor shall pay to the Town the sum of $1000 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed in Section 3.1 hereof. OWNER CONTRACTOR ARTICLE IV PREVAILING WAGES The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the Director of the Department of Industrial Relations of the State of California, copies of which ("Prevailing Rate A- I Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any interested party upon request. The holidays upon which rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workman employed on the Project. Attention is directed to Section 7-1.01A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as set forth in California Labor Code § 1775, twenty-five dollars ($25.00) for each calendar day or portion thereof, for each workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done by any subcontractor under Contractor. ARTICLE V NON-DISCRIMINATION The Contractor hereby agrees to comply with the provisions contained in Section 5-1.1 of the Contract Documents. ARTICLE VI WORKER'S COMPENSATION INSURANCE By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. ARTICLE VII CONFLICT In the event of conflict between the terms of this Agreement and the bid or proposal of said Contractor, then, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the proposal conflicting herewith. ARTICLE VIII EXHIBITS: This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A The Site Exhibit B The Contract Documents that comprise the terms of this Agreement Exhibit C Contract Prices IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove written. APPROVED AS TO FORM: By Town Attorney TOWN OF TIBURON Town 44nager CONTRACTOR: q Its- -J Contractor's License No. G / Expiration Date: 1,6417-- A-2 EXHIBIT A The Site The area of public right-of-way located in one location in the Town of Tiburon, California described as: Tiburon Boulevard (State Route 13 l) at Lyford Drive The work to be performed under this contract consists of construction of a paved parking lot and bus stop on Tiburon Blvd., SR 131 at the intersection of Lyford Drive. The project includes grading, paving, constructing sidewalk, constructing curb and gutter, constructing a retaining wall, striping, signing, lighting, landscaping, utility undergrounding, and related work, including traffic control and water pollution control. The work will require construction area signs, acquiring a Caltrans encroachment permit, coordination with local utility companies, and other miscellaneous items not mentioned above that are required by the plans, the Standard Specifications or these Special Provisions to be performed, placed, constructed or installed. A-3 EXHIBIT B Contract Documents • Project Plans • The Proposal and the Contract (or Agreement) • These Special Provisions, including the Notice to Bidders • The Standard Specifications, insofar as they may apply • The Standard Plans, insofar as they may apply • The two (2) contract bonds required herein • Any supplemental agreements amending or extending the work • Any working drawings, sketches, or instructions clarifying or enlarging upon the work specified herein • Pertinent portions of any other documents included by reference thereto in these specifications, the Standard Specifications, or the Plans A-4 EXHIBIT C.. TOWN OF TIBURON LYFORD DRIVE MULTI-MODAL PARKING LOT PROJECT BID PROPOSAL The contractor agrees to accept payment, in full therefore,'at the following prices to wit' EST. UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE 1 1 LS 1 WS-, 2 obllrzatron learin and Grubbing I LS 1 3 Water Pollution-Control 1 LS ~Q 4 Erosion Contral(T e T : 2,325 SY 5 F iber Roll 1,125 LF Lk 6 Traffic Control System I LS l~ d 7 Construction Area Signs 1 LS 8-. Remove Curb and Gutter 130 LF 9 Remove Concrete 931 SF 10 Roadway Excavation F) 5,405 CY 1 1 of Mix Asphalt (Type A) ` 348 TON ` 12 lass 2 Aggregate Base 566 CY 13 Sidewalk 1,590 SF ~ . C1? 14 Colored Sidewalk Concrete 1,830 SF 15 Type A Curb and Gutter 628 LF ` c!WD 16 17 ape E Curb Curb Ram (Case C 480 1 LF EA p. ILA, Lk o C~ 18 Curb Ram (Case F) I EA 19 20 Curb Ram (Case G Bits Pad (JPCP I 600 EA SF e~ , bnjb 21 Decomposed Granite 12 CY Z (0(00 22 Chain Link Fence (CL-4, Black Vinyl Coated, Vinvl Slatted 479 LF ` d 23 24 Thenrroplastic Traffic Stripe & Pavement Markings Paint Traffic Stripe and Pavement Markings 136 334 SF SF 0 25 16 Manufactured Curb System with Delineators Paint Curb 45 286 LF LF A 27 Roadside Sin 14 EA CPO ~ 28 Relocate Sign Panel on New Post 6 EA OAtAb 29 Install New Post and Reattach Exist in Sin I EA 30 Bike Rack 1 EA 31 Modular Concrete Block Retaining Wall 3,575 SF r- ~n 5 i 32 Keyway Subdrain (6" Perforated) 460 LF 0-C, D0 33 34 iWall Subdrain (4" Perforated " Sched 40 PVC Keyway Subdrain 470 92 LF LF W _ ~ 0 L 35 " Sched 40 PVC Wall Subdrain 78 LF x L. Q 36 Reconstruct Multi-Use Path 26 SF 37 38 Catch Basin (T e C) 12" Slotted Plastic Pie 1 10 EA LF L- Lkso. 39 40 8" PVC (C-905 Pipe) Storm Drain Concrete Apron and Headwall 26 I LF LS 0 41 Style 11E Transformer Pad and Bollards I LS 42 Distribution Trench (2-6" PVC Conduits) 850 LF 43 Service Trench (1-3" PVC Conduit) 1 70 LF 44 Service Trench (14" PVC Conduif i 27 LF c9O P-3 45 Electric 5" Riser fi•om Distribution Trench to Pole 2 EA 46 Primary Electric Underground Enclosure 4'-6"x81-611x6'-0") 2 EA - 0 47 rimary Electric Underground Enclosure (-T-0"x5'-0"x4'-6".) I EA COO 1 48 Secondary Electric Underground Enclosure . (I 711x30"x30") I EA C~ qi e) 49 Landscape Work I LS 50 Irrigation System I LS `35 S I Lighting I LS 32. 000 SUBTOTAL "BASE BID ITEMS": - 12 e0 ADDITIVE BID ITEM _A ree Relocation I LS Q0 kry-rina1 ray items TOTAL BID=BASE BID ITEMS+ADDITIVE BID ITEM= # NOTES: THE CONTRACT, IF IT IS TO BE AWARDED, WILL BE AWARDED TO THE BIDDER SUBMITTING THE LOWEST RESPONSIVE "TOTAL BID". THE TOWN RESERVES THE. RIGHT TO REJECT ANY AND ALL BIDS. ALL BLANKS IN THE BID SCHEDULE MUST BE APPROPRIATELY FILLED IN. Total Bid items I through 51 + A (Written $(numbers) 2 ~Lk, L\\2, Dollars By my signature hereunder, as Contractor, I certify that 1 am aware of the-provisions of. Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self insurance in accordance with the provisions of that code, and I ,N-ill comply with such provisions before commencing the performance of the work in this Bid Book. In the case of any discrepancies between unit prices and totals, the unit price shall prevail. By my signature hereunder I understand and agree that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Town to increase or decrease the amount of work under any item as may be required, in accordance with the provisions set forth in the specification of this contract. Payment See Section 5-I.8 of the Special Provisions of Contract Documents. Total compensation for the Work shall not exceed t L without prior written authorisation from the Owner, and will consist of the Base Bid plus k. Signature Name Company ;LJ12L 'Y66 -CU\\,\ OF TIBI RON PERFORMANCE BOND (-I-:~ .~ccc~rnpa.r.v (~>>ntract) Bonds Executed in Triplicate. 80nd No. 0579184 Premium: $ 7,741 WHEREAS, r' e I ,w ri of I ihu.ron.:acrinl; ht- and throu;;h the Department or Public 11'c~rizs, h awarclecl to l ontr:Actor Michael Paul Company, Inc.- here;tEtcr dcsi~;natecl as the "Contractor", a contract for the work dc-7c ril)cd :is stillo\,vq Lyford Drive Multi-Modal Parking Lot Project AND \VIII RLAS, zhe Contraccor i~s rec{uirccl to furni.~;h -,a hand in connection v ith said contract. ~uaranteein" the LUZ lful h.rformancc there~~ NOW, THEREFORE, we the undersigned (-ontractor and Surety are held firmly hound to the Town of Tihtiroll in t h<.' cut, rl Seven hundred eighty-nine thousand eight no/100t1ksa,llars 789,008.00 to be paid to -aid Tc vn ~~r is ccrtair. attorney, its -uCCe sor,, an 1 as=igrls for \,hich paynatnt. yell and tnil~ to he it;a~lc. WC bin 4 0nir~:_lyc1. cnir hors, r.Necutor. at:d Jdrntnistrators, successors or assigns, jointly and severally, firmly by chest prts.nt~. THE CONDITION OF THIS OUIGATION IS SUCH, I hat if tite abc»r hutind ContrictOr, it.,, heirs, Cxectttors, adminiStrators, S►.ccccssOrs or assigns, shall in :all thing,, stand to ;tnd abide by, and %vdl and truly keep and perform the eoyenants, conditions and agrec•rnents in the forq~ 0111:; con-tray t and an\t alteration thereof trade as therein provided, on lus or their part to h: kept and pc-310 n;:kl at the tiinc• and in the manner therein specified. and in all respects according to their intent anal Meaning, and Edl 'ndemnifv and save h.trrnlc• r, the Town of 'Fihtiron, its officers and agents, as therein ~riptil itcd, then this ('Hi,ation Shall becoialc and be null and void, othcrw-isc it shall be and reinain in full force and %irtuc IN VVI'I NI.SS VVIILREOF, \-Vhave hereunto sct our hands and Seals on ti-iis 24th i~'ay of July - - -012 Corre.spondcncc or claims rclating to this hoed should bc• ser.r to t 11U; iUrcty it the following addres~ 2999 Oak Road, Suite 820 Walnut Creek, CA 94597 Michael PagLComp~riy, Inc. Af,61_44 Ctlntrad:ror Interna •onal Fide • Insurance Company _ ~ Vin caf Su ety (SEM_) GN+ : Attorney in Tact Joan DeLuca T F : IigllatUrct~ of those exccuring for the `;tiret}' must he properly acknow-ledgecl. CER 111-IC;A"I h OF ACKNO\,VI.I?DGLM LN-F State of alifornia, To%vn of Tiburon on thts ct:iy of in the year 20 _ heiore me it and for the Tcax%:•n of Tiburon, personally appeared perScm Whose Aftoruc,y iri fact r,:ant i~ Suir~rihc d to this instrument and known to me to i,e the attorney-in fact l.gcd to me that hc;shc .~lihscribcd tht name of tlic =aid ct-)npany thereto Is, UretV i~ .;rtnrnr, in fact. (SEAL) See Attached , a notary ptil-)lic known to me to he the of and and hip her ow-r. name Notary Public A-G ACKNOWLEDGMENT State of California County of Marin On July 24, 2012 before me, K . Holtemann,~ Not@ry_Public (insert name and title of the officer) personally appeared .roan DeLuca who proved to me on the basis of satisfactory evidence to be the person(s) whose name(f4 is/a-e- subscribed to the within instrument and acknowledged to me that49a she/4#ey-executed the same in #s/herAI;4* authorized capacity(4es), and that by 4Wher#i~ sgnature(&) on the instrument the person(-F,}, or the entity upon behalf of which the person(} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r - L ^ K. HOLTEP~4ANN C h COMM, #190684; ,Q{ NOTAIRy Pua~.IC-CALIFORNIA " ARiN coUNTy 0 MY COMIn. Ex~ifew 06toher 31 Signature _ (Seal) a-~,"°„~'~~~ k°' TOWN 0I; HBt IRON Bond No. 0579184 PAYMENT BOLD Premium: (Included) (Section 3217, Civil Code) Bonds Executed in Triplicate. WHEREAS, The Town of Tiburon, acting by and through the Public Works Department, hereafter referred to as "ObligcC, has aNvarded to Contractor- Michael Paul Company, Inc. , hereafter designated as the "Principal", a COI!Lract for the Nvork described as follows: - Lyford Drive Multi-Modal Parking Lot Project AND WIIFRFAS, said Principal is required to furnish a bond in connection with said contract, to secure the paymem of claims of laborers, mechanics, material, men and ether persons as provided by lavv. NOW, TI ERFFORE, Nve the undersigned Principal and Surety are bound unto the Obligee in the sum cif Seven hundred eighty-nine thousand eight and no/100ths dollars 789,008.00 for which payment, %vc bind ourselves, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That if paid Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, 01- amount, clue under the Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of errnployecs of the Principal and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Codc, with respect to such work and labor, that the surety herein will pay for the same in an amount not exceeding the Sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attornev's fee to hL fixed by the court. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action ro.,uch persons or their assigns in any suit broughr upon this bond. Dated: July 24 -)I12 Correspondence or claims relating to this bond Michael Paul Company, Inc. should be sent to the surety at the following By: address: Principal 2999 0a_ k Road, Suite 820 Interns nal Fideli Insura ce Company Walnut Creek, CA 94597 ety (SEAL) By: Attorney-in-Fact Joan DeLuca NOTE: Signatures of those executing for the surety must be properly acknowledged. CERTIFICATE OF ACKNOWLEDGEMENT State of California Town / County of SS On this day of _ in the year 20 _ before me _ personally appeared _ - , personally known to ;11101,tw-in- tu-1 me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of and acknowledged to the that he/she subscribed the name of the said company thereto as surety, and his/her Own name as attorney- in -fact. See Attached (SEAL) Notary Public A-s ACKNOWLEDGMENT State of California County of _Marin On July 24, 2012 before me K. Holt emann Notar Public (insert name and title of the officer) personally appeared _ Joan DeLuca who proved to me on the basis of satisfactory evidence to be the person(s) whose name(f} is/awe- subscribed to the within instrument and acknowledged to me that -he/she/##e~- executed the same in #WherA4e4 authorized capacity(4es), and that by 14&/herd signature() on the instrument the person(, or the entity upon behalf of which the person{} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 ~9 Signature (Seal) K. HOLTEMANN D Q <~y ' COMM, #1906845 e ' NOTARY PUBLIC CALIFORNIA MARIN COUNTY f My Comm. Expires October 31, 2014 T6:07 3) 64 720Q OF IN'T` NA-TIC ►I TAL:'FIDELITY N. UI~ANC O1V P NY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint LAWRENCE J. COYNE KELLY HOLTEMANN, THOMAS E. HUGHES, JOAN DELUCA Novato, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory to the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as bining upon the said " INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The 'President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and, sealed by facsimile pursuant to resolution' of the Board of Directors' of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. d-ft Ty IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be _00 1"/q signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. SEAL INTERNATIONAL FIDELITY INSURANCE COMPANY ,o r 9~ STATE OF NEW JERSEY (v` County of Essex Icz- ~;Pp Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. >+`~'►Y tlf, ''~~+f, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, `..+~i at the City of Newark, New Jersey the day and year first above written. i. 4 • t' OA NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires March. 27, 2014 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect } IN TESTIMONY WHEREOF, I have hereunto set my hand this day of-----j\ Assistant Secretary:.:: I M> A~o~Rl7 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 07/24/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - CONTACT NAME: Woodruff Sawyer & Co. d W 8 l i HONE -,FAX P o Ext : A/C No : Row an ay, Su te 180 8 CA 94945 N E-MAIL ADDRESS: ovato, 415 878 2460 INSURER(S) AFFORDING COVERAGE NAIC # ( ) - INSURER A : First Mercury Insurance Company 10657 INSURED INSURER B : Old Republic General Insurance Corporation 24139 Michael Paul Company, Inc. 200 C G d d INSURER C : 1 asa ran e R . Petaluma CA 94954 INSURER D : , INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN SR SUBR D POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B GENERAL LIABILITY X X AICG93491103 10/01/2011 10/01/2012 EACH OCCURRENCE Is 1,000,000 X DAMAGE TO RENTED 100 000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence , $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2001000 17 POLICY X JE~ LOC _ . $ B AUT OMOBILE LIABILITY X A 1 CA93491103 10/01/2011 10/01 /2012 (Ea accident) LIMIT i s 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident I I ; $ A UMBRELLA LIAB X OCCUR X X FCEX042666 10/01/2011 10/0 1/2012 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I RETENTION $ $ B WORKERS COMPENSATION PL Y ' A 1 CW93491103 10/01/2011 10/01/2012 WC STATU OTH- X TORY LIMITS ER AND EM O ERS LIABILITY Y / N _ , ANY PROPRIETOR/PARTNER/EXECUTIVE N/A X E-L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I (Mandatory in NH) E.L- DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under 1 000 000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT j , , $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Lyford Drive Multi Modal Parking Lot Project. Town of Tiburon, its employees & agents are named additional insured per forms CG 20 10 07 04, CG 20 37 07 04 attached. Coverage is primary per form CG EN GN 0029 09 06. A waiver of subrogation applies per form CG 24 04 05 09, WC 99 03 15 01 07, CA 04 44 03 10 attached. Excess Liability is Follow Form. CERTIFICATE HOLDER CANCELLATION Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THF~AF,, NOTICE WILL BE DELIVERED IN ACG RD)INCE WITH THE PO CY PRCNISIONS. PRESENTATIVE LOAN ACORD 25 (2010/05) ID © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NAMED INSURED: Michael Paul Company, Inc. POLICY NUMBER: AICG93491103 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Locations Of Covered Operations Town of Tiburon Lyford Drive Multi Modal Parking Lot Project. Town of Tiburon, its employees & agents are named additional insured per forms CG 20 10 07 04, CG 20 37 07 04 attached. Coveragt 1505 Tiburon Blvd is primary per form CG EN GN 0029 09 06. A waiver of Tiburon, CA 94920 subrogation applies per form CG 24 04 05 09, WC 99 03 15 01 07, CA 04 44 03 10 attached. Excess Liability is Follow Form. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Additional Insured: Town of Tiburon, its employees & agents CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 NAMED INSURED: Michael Paul Company, Inc. POLICY NUMBER: AICG93491103 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Location And Description Of Completed Operations Town of Tiburon Lyford Drive Multi Modal Parking Lot Project. Town of Tiburon, it,, 1505 Tiburon Blvd employees & agents are named additional insured per forms CG 20 Tiburon, CA 94920 10 07 04, CG 20 37 07 04 attached. Coverage is primary per form CG EN GN 0029 09 06. A waiver of subrogation applies per form CG 24 04 05 09, WC 99 03 15 01 07, CA 04 44 03 10 attached. Excess Liability is Follow Form. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to in- at the location designated and described in the clude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property pleted operations hazard". damage" caused, in whole or in part, by "your work" Additional Insured: Town of Tiburon, its employees & agents CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s) of Covered Operations Or Organization(s): Town of Tiburon Lyford Drive Multi Modal Parking Lot Project. Town of Tiburon, its 1505 Tiburon Blvd employees & agents are named additional insured per forms CG 20 Tiburon, CA 94920 10 07 04, CG 20 37 07 04 attached. Coverage is primary per form CG EN GN 0029 09 06. A waiver of subrogation applies per form As required by written contract: CG 24 04 05 09, WC 99 03 15 01 07, CA 04 44 03 10 attached. Excess Liability is Follow Form. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV - Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Michael Paul Company, Inc. Policy Number AICG93491103 Endorsement No. Policy Period 10/01/2011 to 10/01/2012 Endorsement Effective Date: Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE Additional Insured: Town of Tiburon, its employees & agents 07/24/2012 DATE CG EN GN 0029 09 06 OLD REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00 Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 Lyford Drive Multi Modal Parking Lot Project. Town of Tiburon, its employees & agents are named additional insured per forms CG 20 10 07 04, CG 20 37 07 04 attached. Coverage is primary per form CG EN GN 0029 09 06. A waiver of subrogation applies per form CG 24 04 05 09, WC 99 03 15 01 07, CA 04 44 03 10 attached. Excess Liability is Follow Form. Additional Insured: Town of Tiburon, its employees & agents Named Insured Michael Paul Company, Inc. Policy Number AICW93491103 Endorsement No. 000 Policy Period 10/01/2011 - 10/01/2012 Endorsement Effective Date: Producer's Name: OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY, INC. Produ r umber: 0 7000 AUTHORIZED REPRESENTATIVE 07/24/2012 DATE WC 99 03 15 (01/07) NAMED INSURED: Michael Paul Company, Inc. POLICY NUMBER: AICG93491103 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 Lyford Drive Multi Modal Parking Lot Project. Town of Tiburon, its employees & agents are named additional insured per forms CG 20 10 07 04, CG 20 37 07 04 attached. Coverage is primary per form CG EN GN 0029 09 06. A waiver of subrogation applies per form CG 24 04 05 09, WC 99 03 15 01 07, CA 04 44 03 10 attached. Excess Liability is Follow Form. Additional Insured: Town of Tiburon, its employees & agents CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: AICA93491103 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Michael Paul Company, Inc. Endorsement Effective Date: 10/01/2011 SCHEDULE Name(s) Of Person(s) Or Organization(s): Where required by written contract or agreement executed prior to loss (except where not permitted by law). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 Lyford Drive Multi Modal Parking Lot Project. Town of Tiburon, its employees & agents are named additional insured per forms CG 20 10 07 04, CG 20 37 07 04 attached. Coverage is primary per form CG EN GN 0029 09 06. A waiver of subrogation applies per form CG 24 04 05 09, WC 99 03 15 01 07, CA 04 44 03 10 attached. Excess Liability is Follow Form. Additional Insured: Town of Tiburon, its employees & agents CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 0